When You Cannot Pay
G.S. 15A-1364 — a show cause hearing, and no jail where the default was not a failure of good faith
The hearing. When a defendant defaults on a fine or costs, the court may require the defendant to appear and show cause why the defendant should not be imprisoned.
Imprisonment. Unless the defendant shows inability to comply and that the nonpayment was not due to a failure to make a good faith effort to obtain the funds, the court may activate a suspended sentence, or where none exists, order imprisonment for a term not to exceed 30 days.
Modifying it. If the default was not due to a failure of good faith effort, the court may allow additional time, reduce the fine or costs or each installment, or revoke the fine or costs in whole or in part.
Restitution to a victim, license holds for unpaid fines, and the constitutional rule against jailing someone only for being poor are not set out on this page. What a court will do in a particular case is a question for a licensed North Carolina attorney.
Sources for this section (1)
- G.S. 15A-1364 — Response to nonpayment of a fine or costs
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.